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TC Minutes 03-22-1983r ~ MINUTES OF THE REGULAR AVON TOWN COUNCIL MEETING MARCH 22, 1983 - 7:30 P.M. The regular meeting of the Town Council of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. The meeting was called to order by Mayor Allan Nottingham at 7:40 p.m. A roll call was taken with Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick present. Also present were Town Attorney John Dunn, Town Manager Richard Blodgett Finance Director Bill James, Director of Public Works Norm Wood, Planning Director Dick Kvach, Building Administrator Dick Evans as well as members of the press and public. The Mayor called for citizen input. Clint Watkins requested that additional copies of ordinances and financial matters be placed on the counter in back of the Council Chambers for the public. Second reading of Ordinance No.#83-11, Series of 1983, AN ORDINANCE CONCERNED WITH DISSOLVING THE DESIGN REVIEW BOARD, CREATING A PLANNING AND ZONING COMMISSION AND ESTABLISHING THE DUTIES AND FUNCTIONS THEREOF. The Mayor stated that this meeting was open for public hearing. Being that there was no one who wished to be heard, the Mayor closed the public hearing. There was discussion, deletions and corrections to this ordinance. Page 5, first line change "made" to "make" and add "plans" after the word "Council." Sheila Davis moved approval of Ordinance No.#83-11, Series of 1983, on second reading. The motion was seconded by Larry Kumpost. Discussion followed. It was suggested that it be required that members serving on the P & Z Board be residents of the Town of Avon. This was discussed at length. Don Chaplin, land owner of Avon suggested that the Council pass the motion as it is with the idea of drawing on outside talent within the present group but to phase out outside participation over the next three years. After discussion the Town Attorney requested that the Council table the ordinance so he I could redraft it to allow the Town Attorney to draft new language calling for the phasing out of non-residents over the next three years. Motion to table the motion on the floor was made by Greg Gage and Seconded by Al Connell. The motion Carried. Second reading of Ordinance No.#83-13, Series of 1983, AN ORDINANCE AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENTS. (Police cars and copier) The Mayor opened the meeting for public hearing. Being that there was no one who wished to be heard, the Mayor closed the public hearing. Don Buick moved approval of Ordinance No.#83-13, Series of 1983, on second reading. The motion was seconded by Al Connell. There being no further discussion those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Second reading of Ordinance No.#83-14, Series of 1983, AN ORDINANCE AMENDING THE PROVISIONS FOR REPORTING SALES AND PROVIDING FOR ENFORCEMENT UNDER THE TAX ORDINANCE AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. The Mayor called for public hearing. Being that there was no one who wished to be heard, the Mayor closed the public hearing. Sheila Davis moved approval of Ordinance No.#83-14, Series of 1983, on second reading. The motion was seconded by Greg Gage. There being no further discussion those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Second reading of Ordinance No.#83-15, Series of 1983, AN ORDINANCE AMENDING SUBSECTION 17.20.030.B.5 OF THE MUNICIPAL CODE OF THE TOWN OF AVON. The Mayor stated the meeting was then open for public hearing. Being that there was no one who wished to be heard, the Mayor closed the public hearing. Sheila Davis moved approval of Ordinance No.#83-15, Series of 1983, on second reading. The motion was seconded by Al Connell. There being no further discussion those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. First reading of O -10, Series of 1983A N ORDINANCE CONCERNED WITH rTinance No.~~83 DEFINING THE TERM "LOCK-OFF", INCLUDING THE USE OF PROPERTY AS "LOCK-OFF" IN VARIOUS ZONE DISTRICTS CONCERNED WITH ESTABLISHING AND AMENDING OFFSTREET PARKING REQUIREMENTS AND PROVIDING PENALTIES FOR THE VIOLATIONS THEREOF. Al Connell moved to table Ordinance No.#83-10, Series of 1983, until further research could be done. The motion was seconded by Larry Kumpost. Don Buick stated the major problems to look at would be the parking, especially as it effects commercial and mixed use projects. Councilmember Davis stated she thought the Council should deal with the ordinance of lock-offs and lock-offs only and not deal with the parking variations, but deal with parking as it relates to lock-offs only. Councilmember Kumpost stated he would like to see it restricted either to the Town Center (TCZONE) or restrict it geographically to that general vicinity. In Section 17.08.375, he stated that he still objected to the sentence "but which do not have access directly into a common central corridor." Councilmember Davis stated that in Section 9, page 2, 17.20.050 C, she had a concern with the phrase "each bedroom exceeding three bedrooms in the living unit" and requested that this be reworded. There being no further discussion those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. The ordinance was tabled until the next regular meeting on April 12, 1983. First reading of Ordinance No.#83-16, Series of 1983, AN ORDINANCE AUTHORIZING EXECUTION OF CERTAIN EQUIPMENT LEASE AGREEMENTS (Computer and the word processor). Sheila Davis moved approval of Ordinance No.#83-16, Series of 1983, on first reading. The motion was seconded by Al Connell. There being no further discussion those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Dennis Cole representing Roadcal was cancelled from the agenda. Mr. Cole stated in the afternoon work session that he would be back to the Council on April 12, 1983 with a written proposal. Discussion on the Charter Amendments was deferred until later in the meeting when it was hoped that Mr. Ken Sortland would be present. The selection of a planning consultant was discussed. The Town Manager stated that the committee met yesterday afternoon and interviewed the four finalists and narrowed it down to the top two. The committee would then meet with these two finalists and refine the proposals, then come back with new cost figures. He stated that they were aiming for the next Council meeting. The Council requested that the planning director prepare a weekly progress report. Councilman Wells had concerns about the Council not having set a budget as yet to pay for the consultant. Councilman Kumpost stated that at the interviews of the consultants the price ranged from the $50,000 to $60,000's. He stated the figure of the $60,000's included the master plan study, rewriting of the zoning ordinance and the creating of design guidelines for the P & Z committee to use. Mr. Kvach stated that they were looking at base work figures of $50,000 to $52,000. Mr. Blodgett stated that he would have a financial report for the Council at the next meeting. Councilman Wells stated that if the Council wants to go forward with the study, then there should be something figured out of how to pay for it if the revenues do not increase then something will have to be cut from the budget. There was no action taken. The Council then referred back to the discussion of the Charter Amendments. Clint Watkins member of the public approached the Council. He stated that there were two items of amending the Charter, 1) To require that Council persons that are appointed only serve until the next general election not necessarily serve out the full term of the seat they filled. 2) Was to delete the five million dollar bonding ability that the Council has without going to a vote of the voters in town. Councilmember Davis stated she had no problem with leaving the five million dollar bonding ability in the Charter. She stated that there may at some point in time, be a matter come up that the Council would have to act quickly and to have to call for an election would be time consuming. She stated that she thought that five million dollars was not over burdensome., for a community of our size. She stated that she would agree to amend the Charter in regards to appointments of Council persons. Councilmember Connell stated that five million dollars was excessive and thought it was a lot of power for a small body to have over somebody else's money. He stated he thought two million dollars would be sufficient. Councilmember Gage stated he did.not think that - 2- this Council has acted irresvonsibly on mending anv`of the towns monev. He stated he didn't think that this town has to go out and run a special election in an off election year and spend the taxpayers money to find out whether they want the Council to spend money or do not want the Council to spend money. He stated he did not think that the town should spend the money for a special election to find out whether or not the town Councilmembers should run in a special elections. Councilmember Wells stated he would agree with Greg Gage's statement. Councilmember Buick stated he thought it would be a waste to go backwards. He felt that five million dollars was not a lot of money for the Council to be the stewart of. Councilmember Kumpost stated he did not agree with limiting the bonding. He felt that the Council may find themselves in a bind by lowering the bonding where things may have to be done. He stated he could support the principal of having appointed Councilmembers being voted into office. He stated he did have some concerns of a complete turnover of the Council in one election. After discussion A.J. Wells moved to place on the next election May,1984; a referendum to determine whether or not the public would like to see appointed Councilmembers run in the next election, but that we do not include the issue of bonding. The motion was seconded by Al Connell. After discussion A.J. Wells moved to amend his motion to include that the Town Attorney be instructed to prepare an ordinance submitting the proposed amendment to a vote of the registered electors of the town. The motion was seconded by Al Connell. Councilmember Kumpost moved to amend the motion to include in the draft of the ordinance that some consideration be made in trying to avoid the complete turnover of Council in any one given election. This motion was not seconded. The motion died. The Councilmembers voting on the original and amended motion were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick, There were no nay votes. The motion was unanimously carried. The Town Manager discussed the PUC License for the town buses. He stated that for the town to contract with another entity he felt it may be necessary to have a PUC permit with the contract carrier. He stated he had asked Paul Swift, attorney to put a proposal together. In Mr. Swift's proposal included to make the initial determination, this fee would be $250.00 to make application for the permit the fee amounted to $1,500 and the next stage would be to see if there would be any opposition and prepare for testimony. He stated Mr. Swift had a top figure of $5,000 Mr. Blodgett recommended that the Council go forward with this and explore the question. It would be helpful to the town to have the permit. Councilmember Davis stated that before the town get into any of the legal cost, that the town receive the money that the town was suppose to receive from Orroyro Management and Western States Management companies and then proceed with the permit to help them out. After discussion Don Buick moved approval of the first level of service not to exceed $250.00 for the initial assessment. The motion was seconded by A.J. Wells. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. The Mayor read a letter from a concerned citizen regarding summer bus service within the Town. The Town Manager was requested to have a status report of summer bus service and also check into the Lift Bus Service and put some figures together. Next item on the agenda was Savoy Square, Lots #73,74, Block #2, Benchmark Subdivision. This was a preliminary Plat Hearing. Mr. Kvach reviewed the plat with the Council He stated that he would recommend plat approval subject to the five conditions (see letter dated 3/17/83 attached). Bill Pierce, Chairman of the Design Review Board, stated he did not think that the developers had received the letter of conditions. He stated that he had not heard from them, but they probably would agree with the conditions with the exception of the widening of the Beaver Creek Road. After lengthy discussion Al Connell moved to table the Savoy Square preliminary plat approval until the town had heard from the developers. The motion was seconded by Don Buick. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. - 3 - 0 0 The advertising for a Planning and Zoning commission member was discussed Mr. Kvach stated that there was an opening on the DRB (it will soon become the planning and zoning commission)at present. He stated that the opening would be advertised on the radio and newspaper and that all residents interested person submit a written statement indicating their interest. Don Buick so moved. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. The Pagett Duplex, Lot 35, Block 1, Wildridge was next presented to the Council. This was final Plat approval. After discussion Don Buick moved approval of the Pagett D Duplex subject to changing "partywall" to "Townhouse" and correcting a minor problem in the surveyors certificate. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Colorado Ute Power-Wolcott/Beaver Creek Substation - 115 KV Transmission Powerline S.R.U. This was before the Council as a Special Review Use. John McNeil representing Colorado Ute Power reviewed the proposal with the Council. He was requesting to install an upgraded power line through S1/2 of Sections 2 & 3 T5S R82W. The line would be upgraded to a 115 KV Transmission line from Wolcott to the Beaver Creek Substation in Avon. It was recommended approval subject to the following conditions: 1)That a legal description be provided prior to any Council action. 2)That no land be disturbed until a revegetation plan has been approved by the Design Review Board and the Town Council. 3)That the existing access road to the existing transmission line which is visible from Metcalf Road be removed and revegetated after the proposed line is installed within the Town of Avon. (See Resolution No.#83-12, Series of 1983) After discussion A.J. Wells moved approval of Resolution No.#83-12, Series of 1983. The motion was seconded by Don Buick. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. The Town attorney reported on the litigation of Roche Constructors, Inc. He stated that he was awaiting a check from the town in the amount of $17,275.86,which was approved at the last Council Meeting. He stated he had received from Roche's attorney a stipulation to dismiss the claim against the town in exchange for the check. The hearing which was scheduled in Denver for the 31st of March, 1983, with respect to the rest of the litigation, withholding the monies for the Drywall company, was postponed because of disorganization in the attorneys office and has not been reset at this time. The attorney stated he had filed the complaint for partition of Lots #20,21 and is presently in the process of attempting serving the complaints to some of the land owners who have left the area. It should be resolved within six months to a year. Mr. Dunn requested that Council allow him to attend the NIMLO Conference in Washington May 8,9, and 10, 1983. Mr. Dunn stated that he would pay the registration fee and request that the town pay the room, meals, and transportation. There was budgeted $1,000 for town attorney conferences for 1983. It was suggested that Beaver Creek share in the expenses of such conferences. After discussion it was agreed not to send the Town Manager. Larry Kumpost moved approval of the funds for meals, room and transportation for the NIMLO Conference for the Town Attorney. The motion was seconded by A.J. Wells. Those Councilmembers voting aye were: A.J. Wells, Larry Kumpost, Greg Gage. Those Councilmembers voting nay were: Sheila Davis and Al Connell and Don Buick. The Mayor voted aye to break the tie vote. The motion carried. The revisions of the right-of-way cuts were discussed. Norm Wood stated that with the new contracts classification the code should be revised to allow work by Class I and Class III contractors rather than Class A, Class B, Class C and municipal contractors. He recommended that the ordinance be reivsed to provide for administration through the Public Works Department rather than the Building Administration. He also recommended that the ordinance be revised to require utility - 4 - 0 0 companies to post bond or cash deposit, the same as other applicants. After discussion A.J. Wells moved to direct the Town Attorney to revise the ordinance as set out in the memorandum. The motion was seconded by Larry Kumpost. THose Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. The Town Attorney stated that in respect to the H. B. 1448, Liquor Code and Beer Code, that it was a housekeeping measure. He stated after reviewing the proposal he thought it would be a benefit to the administration of the liquor licensing authority and recommended that Council take action expressing support. Larry Kumpost moved to authorize the Mayor to send letters to the state representatives and senators expressing support of H.B. 1448. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. The Mall construction was discussed. The Town Manager stated that the Bond Councils opinion stated he felt that if all the parties agreed to pay their normal assessment when it would come due,then perhaps the mall could be delayed for a year. The problem was to make payment on the bonds and the property must be assessed during 1984, so far there is not total agreement. Secondly, the property cannot be assessed until the mall construction is complete. There were four alternatives: 1) All parties agree to early assessment immediately. 2) Consider Mall complete-Retire Bonds with remaining funds assess parties for funds expended. 3) Redesign Phase II for existing conditions and complete construction per revised plans. 4) Require Peregrine and possibly. Avon Center to restore grading limits to Tract G lines - Redesign Phase II Mall to Tract G limits and construct during 1983. It was suggested that all mall parties discuss the problem at the next work session of the Council. It was suggested to write a letter to all parties involved. Sheila Davis moved approval of Resolution No.#83-14, Series of 1983, proclaiming April 18-24, 1983, as Building Safety Week. The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. The Mayor stated that there was a letter and an agreement from the County Clerk regarding the collection of 4% Avon Municipal Sales TAx on all motorized vehicles sold in the jurisdication of the town. After discussion the Council agreed that the agreement did not apply. Denied. The financial matters were next presented to the Council Al Connell moved to receive items #1 through V. the motion was seconded by Larry Kumpost. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Larry Kumpost moved approval of General Acocunts Payable. The motion was seconded by Greg Gage. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Sheila Davis moved approval of the Reconciliation Sheet of Accounts Payable for March 22, 1983. The motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. - 5 - It., 0 0 Larry Kumpost moved approval of the March 8, 1983 minutes with this correction, page 5, paragraph 4, 6th line add "Larry Kumpost so moved." The motion was seconded by Sheila Davis. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried. Councilman Greg Gage discussed four items, 1) the water quality of the town, 2) the snow danger at the Post Office at Avon Center, 3) the 4-way stop possibly at Beaver Creek and Avon Road, 4) the new gasoline tax, possibly federal funding available for roads and bridges and would be available on a matching basis, the Council discussed whether these monies would be available for Avon and possibly for the second railroad crossing or grade crossing. Greg Gage was appointed chairman for the United Nations Day for 1983. There being no further business Al Connell moved to adjourn. The motion was seconded by Don Buick. The Mayor adjourned the meeting at 11:15 p.m. The Council then reviewed the Recreation Film supplied by Linda Mullen, Recreation Coordinator. Respectfully Submitted: Patricia J. - 6 - Town Clerk